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ARTICLE · 19 JANUARY 2024

Navigating The Business And Product Name Maze

Naming is hard. Ask any parent. Identifying a new business or product can be just as difficult, plus there is a cluster of important legal requirements and limits.

CanadaIntellectual Property

Naming is hard. Ask any parent. Identifying a new business or product can be just as difficult, plus there is a cluster of important legal requirements and limits. There is a huge body of knowledge about impactful and effective names (did you know the letters "K" and "X" are especially powerful in product names?) but we will leave that to branding experts. Let's cover a few things you must consider from a legal perspective when naming your new baby, er, venture.

The first step is to ensure you are not infringing any existing names. This begins with searches at the Canadian Trademarks Database, as well as corporate registries in appropriate jurisdictions.

That itself raises some questions. What is the difference between a trademark and a trade name? They are different, but for these purposes we can look at trademarks as protecting products – a good or service. A trade name or business name, on the other hand, typically applies to the overall identifier an

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